Being arrested by the police is a situation that generates stress and confusion. Knowing your rights from the outset can make the difference between a favourable outcome and unnecessary consequences.
Your rights from the moment of arrest
The Spanish Constitution and the Ley de Enjuiciamiento Criminal (Criminal Procedure Act) guarantee a series of non-waivable rights. You have the right to be informed of the grounds for your arrest, the right against self-incrimination, the right not to plead guilty, and the right to legal assistance from a lawyer from the very first moment.
The right to remain silent
You may refuse to make any statement before the police without this entailing any legal prejudice against you. Anything you say may be used against you. The most prudent course of action is to wait until you have asistencia letrada (legal counsel) before making any declaration.
The 72 hours of preventive detention
The police may hold you for a maximum of 72 hours before bringing you before a judicial authority (puesta a disposición judicial) or releasing you. During this period, you have the right to have your situation notified to a relative and to receive medical assistance if required.
Why you need a specialised lawyer
The initial statement is critical. A criminal defence lawyer (abogado penalista) assesses the evidence, advises on whether it is advisable to make a statement or to invoke the right to silence, and ensures that the proceedings comply with all constitutional safeguards.
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